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SECTION 7
Death benefits
Volunteer Ambulance Workers' Benefit (VAW) CHAPTER 64-B, ARTICLE 2
§ 7. Death benefits. In the event of death the benefit shall be known
as a death benefit and shall be paid as follows:

1. The reasonable funeral expenses of the deceased volunteer ambulance
worker shall be paid in an amount not exceeding six thousand seven
hundred dollars. If such funeral expenses shall have been paid by a
person entitled to benefits under this section or by others, the funeral
expenses awarded shall be made payable to such beneficiary or others;
otherwise they shall be payable to the undertaker who provided the
burial. Funeral expenses shall be awarded in all death cases.

2. If there be a surviving spouse, to such spouse the lump sum of
fifty-six thousand dollars, but if there be no surviving spouse, then to
the executor or administrator of the estate of the volunteer ambulance
worker, the lump sum of fifty-six thousand dollars. Such sum shall be in
addition to any other benefits provided in this chapter and shall not be
diminished by benefits paid to the volunteer ambulance worker during his
lifetime. Any money paid to an executor or administrator pursuant to the
provisions of this subdivision shall be distributed in the manner
provided by the laws of this state for the distribution of the personal
property of an intestate decedent.

3. In the case of a death of a volunteer ambulance worker, on or after
the enactment of this chapter and prior to July first, nineteen hundred
ninety, if there be a surviving spouse and no surviving child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution and no surviving child of any age dependent
blind or physically disabled, to such spouse six hundred sixty-five
dollars for each week until remarried, and upon such remarriage the lump
sum of sixty-nine thousand one hundred sixty-four dollars.

4. If any person under the age of eighteen years is an inmate of any
institution and a public charge upon the state or any political
subdivision, the benefits allowed hereunder shall be payable to the
state or political subdivision to the extent of the reasonable charges
for care and maintenance, during the continuance as a public charge in
such institution of such beneficiary and until he or she shall have
attained the age of eighteen years. Any sum or sums remaining after such
payments shall be distributed as provided in this section.

5. The term "dependent blind or physically disabled", as used in this
section in relation to dependent children, means totally blind or
physically disabled dependent children whose disablement is total and
permanent.

6. All questions of dependency shall be determined as of the time of
the injury.

7. The workers' compensation board may in its discretion require the
appointment of a guardian for the purpose of receiving benefits payable
to a minor child or a dependent blind or physically disabled child. In
the absence of such a requirement by such board the appointment of a
guardian for such purposes shall not be necessary.

8. In the case of a death of a volunteer ambulance worker, on or after
the effective date of this chapter and prior to July first, nineteen
hundred ninety, that results from services performed in the line of
duty, if there be a surviving spouse and a surviving child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse three
hundred sixty-six dollars for each week until remarried, and the
additional amount of three hundred dollars for each week for such child
or children, share and share alike, until the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution or until the removal
of the dependency of the blind or physically disabled child or children.

In the case of the death of such surviving spouse, the surviving child
or children of the deceased ambulance worker, at the time under eighteen
years of age or under the age of twenty-five years who is enrolled as a
full time student in any accredited educational institution or dependent
through mental or physical infirmity, shall have his or her or their
benefit increased to six hundred sixty-five dollars for each week, share
and share alike, and the same shall be payable until he or she or they
shall reach the age of eighteen years or twenty-five years, as the case
may be, or until such dependent blind or physically disabled condition
shall have been removed. Upon the remarriage of such surviving spouse
prior to the statutory termination of benefits to all such children,
such spouse shall be paid the lump sum of thirty-eight thousand forty
dollars; and the surviving child shall continue to receive weekly
payments of three hundred dollars; if there be two surviving children,
each shall receive two hundred fifty dollars per week; and if there be
more than two surviving children, they shall receive six hundred
sixty-five dollars per week, share and share alike; and the same shall
be payable until he or she or they shall reach the age of eighteen years
or twenty-five years, as the case may be, or until such dependent blind
or physically disabled condition shall have been removed. Upon statutory
termination of payments to all such children, the payments to the
surviving spouse shall be increased to six hundred sixty-five dollars
for each week until such spouse remarries, and upon such remarriage,
such spouse shall be paid the lump sum of sixty-nine thousand one
hundred sixty-four dollars. In no event shall the total amount payable
for each week under this subdivision exceed six hundred sixty-five
dollars.

9. In the case of a death of a volunteer ambulance worker, on or after
the effective date of this chapter and prior to July first, nineteen
hundred ninety, that results from services performed in the line of
duty, if there be surviving a child or children of the deceased under
the age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or a dependent blind or physically disabled child or
children of any age, but no surviving spouse, for the support of such
child or children until the age of eighteen years or twenty-five years
as the case may be, or until the removal of the dependency of such blind
or physically disabled child or children, six hundred sixty-five
dollars, share and share alike, for each week; provided that the total
amount payable for each week under this subdivision shall not exceed six
hundred sixty-five dollars per week.

10. In the case of a death of a volunteer ambulance worker, on or
after the effective date of this chapter and prior to July first,
nineteen hundred ninety, that results from services performed in the
line of duty, if there be no surviving spouse or child of the deceased
under the age of eighteen years or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or dependent blind or physically disabled child of the
deceased of any age, then for the support of grandchildren or brothers
and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution if dependent upon the deceased at the
time of the injury, two hundred fifty dollars for each week for the
support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased, if dependent upon the deceased at the
time of the injury, four hundred dollars for each week during such
dependency, but in no case shall the aggregate amount payable under this
subdivision exceed six hundred sixty-five dollars per week.

11. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety and prior to July first, nineteen
hundred ninety-one, that results from services performed in the line of
duty, if there be a surviving spouse and no surviving child of the
deceased under the age of eighteen or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution and no surviving child of any age dependent blind or
physically disabled, to such spouse seven hundred fifty-four dollars for
each week until remarried and upon such remarriage the lump sum of
seventy-eight thousand three hundred sixty-four dollars.

12. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety and prior to July first, nineteen
hundred ninety-one, that results from services performed in the line of
duty, if there be a surviving spouse and a surviving child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse four
hundred fifteen dollars for each week until remarried, and the
additional amount of three hundred thirty-nine dollars for each week for
such child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased ambulance worker, at the
time under eighteen years of age or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to seven hundred fifty-four dollars,
for each week, share and share alike, and the same shall be payable
until he or she or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the
remarriage of such surviving spouse prior to the statutory termination
of benefit to all such children, such spouse shall be paid the lump sum
of forty-three thousand six dollars and the surviving child shall
continue to receive weekly payments of three hundred thirty-nine
dollars; if there be two surviving children, each shall receive two
hundred eighty-three dollars per week; and if there be more than two
surviving children, they shall receive seven hundred fifty-four dollars
per week, share and share alike; and the same shall be payable until he
or she or they shall reach the age of eighteen years or twenty-five
years, as the case may be, or until such dependent blind or physically
disabled condition shall have been removed. Upon statutory termination
of payments to all such children, the payments to the surviving spouse
shall be increased to seven hundred fifty-four dollars for each week
until such spouse remarries and upon such remarriage such spouse shall
be paid the lump sum of seventy-eight thousand three hundred sixty-four
dollars. In no event shall the total amount payable for each week under
this subdivision exceed seven hundred fifty-four dollars.

13. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety and prior to July first, nineteen
hundred ninety-one, that results from services performed in the line of
duty, if there be surviving a child or children of the deceased under
the age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or a dependent child or physically disabled child or
children of any age, but no surviving spouse, for support of such child
or children until the age of eighteen years or twenty-five years as the
case may be, or until removal of the dependency of such blind or
physically disabled child or children, seven hundred fifty-four dollars
share and share alike, for each week; provided that the total amount
payable for each week under this subdivision shall not exceed seven
hundred fifty-four dollars per week.

14. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety and prior to July first, nineteen
hundred ninety-one, that results from services performed in the line of
duty, if there be no surviving spouse or child of the deceased under the
age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution, or dependent blind or physically disabled child of the
deceased of any age, then for the support of grandchildren or brothers
and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution if dependent upon the deceased at the
time of the injury, two hundred eighty-three dollars for each week for
the support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased if dependent upon the deceased at the
time of the injury, four hundred fifty-two dollars for each week during
such dependency but in no case shall the aggregate amount payable under
this subdivision exceed seven hundred fifty-four dollars per week.

15. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two that results from services performed in the
line of duty, if there be a surviving spouse and no surviving child of
the deceased under the age of eighteen or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution and no surviving child of any age dependent
blind or physically disabled, to such spouse seven hundred seventy-six
dollars for each week until remarried and upon such remarriage the lump
sum of eighty thousand six hundred ninety-two dollars.

16. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, that results from services performed in the
line of duty, if there be a surviving spouse and a surviving child or
children of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse four
hundred twenty-seven dollars for each week until remarried, and the
additional amount of three hundred forty-nine dollars for each week for
such child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased ambulance worker, at the
time under eighteen years of age or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to seven hundred seventy-six dollars,
for each week, share and share alike, and the same shall be payable
until he or she or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the
remarriage of such surviving spouse prior to the statutory termination
of benefit to all such children, such spouse shall be paid the lump sum
of forty-four thousand three hundred eighty dollars and the surviving
child shall continue to receive weekly payments of three hundred
forty-nine dollars; if there be two surviving children, each shall
receive two hundred ninety-one dollars per week; and if there be more
than two surviving children, they shall receive seven hundred
seventy-six dollars per week, share and share alike; and the same shall
be payable until he or she or they shall reach the age of eighteen years
or twenty-five years, as the case may be, or until such dependent blind
or physically disabled condition shall have been removed. Upon statutory
termination of payments to all such children, the payments to the
surviving spouse shall be increased to seven hundred seventy-six dollars
for each week until such spouse remarries and upon such remarriage such
spouse shall be paid the lump sum of eighty thousand six hundred
ninety-two dollars. In no event shall the total amount payable for each
week under this subdivision exceed seven hundred seventy-six dollars.

17. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, that results from services performed in the
line of duty, if there be surviving a child or children of the deceased
under the age of eighteen years or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or a dependent child or physically disabled child or
children of any age, but no surviving spouse, for support of such child
or children until the age of eighteen years or twenty-five years as the
case may be, or until removal of the dependency of such blind or
physically disabled child or children, seven hundred seventy-six dollars
share and share alike, for each week; provided that the total amount
payable for each week under this subdivision shall not exceed seven
hundred seventy-six dollars per week.

18. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, that results from services performed in the
line of duty, if there be no surviving spouse or child of the deceased
under the age of eighteen years or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution, or dependent blind or physically disabled child of the
deceased of any age, then for the support of grandchildren or brothers
and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution if dependent upon the deceased at the
time of the injury, two hundred ninety-one dollars for each week for the
support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased if dependent upon the deceased at the
time of the injury, four hundred sixty-six dollars for each week during
such dependency but in no case shall the aggregate amount payable under
this subdivision exceed seven hundred seventy-six dollars per week.

19. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-two, that results from services
performed in the line of duty, if there be a surviving spouse and no
surviving child of the deceased under the age of eighteen or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse eight hundred
eighty-seven dollars for each week until remarried and upon such
remarriage the lump sum of ninety-two thousand two hundred nineteen
dollars.

20. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-two, that results from services
performed in the line of duty, if there be a surviving spouse and a
surviving child or children of the deceased under the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or a surviving
child or children of any age dependent blind or physically disabled, to
such spouse four hundred eighty-eight dollars for each week until
remarried, and the additional amount of four hundred dollars for each
week for such child or children, share and share alike, until the age of
eighteen years or under the age of twenty-five years who is enrolled as
a full time student in any accredited educational institution or until
the removal of the dependency of the blind or physically disabled child
or children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased ambulance worker, at the
time under eighteen years of age or under the age of twenty-five years
who is enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to eight hundred eighty-seven dollars,
for each week, share and share alike, and the same shall be payable
until he or she or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the
remarriage of such surviving spouse prior to the statutory termination
of benefit to all such children, such spouse shall be paid the lump sum
of fifty thousand seven hundred twenty dollars and the surviving child
shall continue to receive weekly payments of four hundred dollars; if
there be two surviving children, each shall receive three hundred
thirty-three dollars per week; and if there be more than two surviving
children, they shall receive eight hundred eighty-seven dollars per
week, share and share alike; and the same shall be payable until he or
she or they shall reach the age of eighteen years or twenty-five years,
as the case may be, or until such dependent blind or physically disabled
condition shall have been removed. Upon statutory termination of
payments to all such children, the payments to the surviving spouse
shall be increased to eight hundred eighty-seven dollars for each week
until such spouse remarries and upon such remarriage such spouse shall
be paid the lump sum of ninety-two thousand two hundred nineteen
dollars. In no event shall the total amount payable for each week under
this subdivision exceed eight hundred eighty-seven dollars.

21. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-two, that results from services
performed in the line of duty, if there be surviving a child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a dependent child or physically
disabled child or children of any age, but no surviving spouse, for
support of such child or children until the age of eighteen years or
twenty-five years as the case may be, or until removal of the dependency
of such blind or physically disabled child or children, eight hundred
eighty-seven dollars share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed eight hundred eighty-seven dollars per week.

22. In the case of a death of a volunteer ambulance worker on or after
July first, nineteen hundred ninety-two, that results from services
performed in the line of duty, if there be no surviving spouse or child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution, or dependent blind or physically
disabled child of the deceased of any age, then for the support of
grandchildren or brothers and sisters under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, three hundred thirty-three dollars
for each week for the support of each such person until the age of
eighteen years or twenty-five years as the case may be, and for the
support of each parent or grandparent of the deceased if dependent upon
the deceased at the time of the injury, five hundred thirty-two dollars
for each week during such dependency but in no case shall the aggregate
amount payable under this subdivision exceed eight hundred eighty-seven
dollars per week.